Der Nordstern. [volume] (St. Cloud, Minn.) 1874-1931, 1887-09-29

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s ssIrs . sss1 a.s dissAs5ssd p sy ,. sss avd srssn an ss'a De. .;sr
to said grantees, their heirs and assigns. Bot
said city shall not be required 10 make
a irGs,ee, p psyI e sball i have s ssy no,, ssS't 6 w,s Z.
ing whom to make such payments and theamonnt
of same, which in no event shall exceed the
amount due said grantees. Andin the event Of
chase price OF said works shall be paid for and
in behalf OF said grantees. their heirs and assigns,
by said city to said trustee or trustees, If said city
to do, to an amount sufficient to pay the bonded
Indebtedness against said works, and interest
thereon accrued II any. 80 far as such purchase
Plus not 10 ' 90 payable sSf . ssin Sc Ra psfa s. sn said dn sit sa e
said grantees, their heirs and assigns,
Sec. II. This Ordinance 10 passed uponthe ex-
press condition and reservation that the city ofst.
Cloud reserves 70 itself the rightto acquire OF said
grantees, their heirs and assigns, the said water
works. and all lands, machinery, pipes, mains, !
nydtsnts and appertenances thereunio belonging;
and the said grantees, there heirs aud assigns. in
accepting this ordinance. expressly covenant and
agree that they win sell and convey to the city Of
81 Cloud the said water works and ell lands. !
nancestherunio belonging al the aspiration Of i've
years from the first day Of September, A ID. 1881,
and At intervals Of five years thereafter 50 long as
appraised value for said works to be determined
Whenever said city shall determine or disire to
oalu WOIkU. IN SyO IQCkGOl 6u6i1 Il
give written notice TO said grantees, their heirs
and assigns, at or before the expiration Of any !
term OF i've years at the end Of which said city |
ton Of said city to purchase said works, and de-.
maRd OF said grantees their heirs aud assisna to |
appoint and select two persons to act IS arbitra.
works, which notcs may be served upon any one
OF said grantees, their heirs or assigns, or upon |
the chief officer in charge Of the water works ct SAID
81. Cloud; within thirty days after the date of the
service of the said nOiipp The aafA OpautQoa thefr L
heirs and assigns, and the city shall each select
" opeisons as appraisers; but in case of the fail
.Iet Of said city TO appoint such two appraissrs.
four arbitrators thus chosen shah within ten days
thereafter select o ftftb, which i've persons thus
selected shall within thirty days thereafter deter
mentioned. And In case the said grantees, their
heirs and assings, shall fail or neglect to select
such two Arbritators within the time hereinbe.
should neglect or refuse TO choose q fffth afbitta-
tor within the time hertinbefore required; then.
In either or both cases. as may be, the two arbt-
pointed by the Judge or one OF the Judges Of the
District courtof the Judicial district in which said
city shall be situated, on the application by the
to said grantees. their heirs and assigns. or to the
chief officer in charge Of said water works. tn
persons selected. as arbitrators shall not be resi-
employ or interest of said city or said grantees,
their heirs or assigns, Said hve persons. or q
majority Of the same ct q meeting of which all
said Arbitrator. .Ds sSsn shall have bad personal :m; NOTICE,
and evidence, TX and determine the actual value
OF the said water works, OF the rights And priyil.
eyes hereinbefore granted by the said city to the
said grantees, their heirs and assigns. including
all lands. improvements, buildings, .b~etsrments,
machinery, or other appliances constituting said
water works, aforesaid excepting the
water mains at the expense of said city, ct or
prior to said appraisal. And said appraisers
shall make their award In writing. In duplicate,
their heirs and assigns, or to the chief ofaicer In
charge Of said water works at said St. Cloud, and
shall deliver the other to the city clerk OF said
city. within ten days after the same 10 made.
And the said city shall thereupon have the
right, within thirty days thereafter, exercise the
option to take the said water works and all pro-
perry, rights and appurtenanees connected there,
the price so fixed, which purchase money shall
be payable to the grantees, their heirs and assisns,
within six months from the time that the said
| city shall 30 elect to purchase.
| And In ease the said city shall, after suen
award, fall or refuse 10 to purchase. 1t shall pay
the necessary expenses incurred by the ssid iran.
but in case the city shall elect to purchase, each
party shall pay their own expenses 50 incurred
and the expense OF the arm a;
said grantees. Nop failure Of he city to purshass
under any such award shall In any manner inter
fere with the right Of said city 10 have another
i dAHIu 6A0 " IbkNAASC - 49,
expiration Of any other term Of five years.
See. "a. 6sid city shall have the power 70 or.
der mains extended a. provided in Section Exoi
ing sixty days notice In the manner hereinbeiore
provided, pndthe construction OF any such exten.
sion shall be commenced on or before the end o.
and prosecuted with an reasonable Diligence nm
til the completion Of the same. The rent OF tbs
hydrants placed on all such extentions SO erderd
not less SSH, then ns ten for, every We =. mile ans Of 1t. %ss sos , :s'l
Sec. 10. Ths city Of st. Cloud hall entore snei
ordinances as may be necessary TO project saic
grantees in the said properly and rights With
Ing the continuance OF this franchise.
Sec. Il. Within thirty days after the psssas<
of this ordinance, said grantees may ale WITH tn
city chrk their acceptance thereof duly acknow'
lodged, and from and after the filing Of said &C,
~ceptance this ordinance shall have the eject Of
and be scontract between the city and said gran
and fled within said time this ordinance may bt
repealed by said city'
Dec. Is. The grantees shall have power and
guiations not inconsissent with Law, for their con
venience and security, as well a. for that OF the
I public, In the operating Of said works, and shall
have the right at all reasonable hours Of the day
| to have ~accessto the water pipes and meters Of an1
water taker to protect themselves against abnst
and fraud, or repstr, observe or remove the same;
tract to ali reasonable regulations AZ a eonditeu
to furnishing water.
Sec. t6. Zach and every ordinance or contract
or portion Of the same. heretofore made e. said
with the provisions or this ordinance, 10 hereby
reps aled SAd annulled. =.
Sec. II. The Clerk ofthe City Of St. Cloud I.
hereby authorized and instructed, upon the said
acceptance Of this ordinance to furnish said gran.
tees with Q certified copy OF the same.
Sec. 10, This ordinance shall take effect and Be
In force from and after its passage and publication.
Passed September 18th 1887. .
Ayes. Alderman, Dam, Griebler, Herberseri
Nugent, Powell Reinhard and Swift %
Noes. Alderman. Bennett and Cramb (2l.
P. X. GRIEBLEh,
Vice President Of Coanon Council. OF City o,
St Cloud.
Attest:
H. G.. WIRE.
[sEALl City Clerk.
Approved September 18th 1887.
DAVID T. CALHOUN,
Mayor ofsaid City
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